1     
OUTDOOR RECREATIONAL GRANT PROGRAM AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Winder

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the transient room tax and grant programs
10     administered by the Utah Office of Outdoor Recreation.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies how the Utah Office of Outdoor Recreation may use transient room tax
14     revenue that is deposited into the Outdoor Recreation Infrastructure Account;
15          ▸     defines terms;
16          ▸     changes the name of the Outdoor Recreation Grant Advisory Committee to the
17     Outdoor Recreation Grant Advisory Board (advisory board);
18          ▸     modifies the membership of the advisory board;
19          ▸     modifies the Utah Children's Outdoor Recreation and Education (UCORE) grant
20     program; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:
28          59-28-103, as last amended by Laws of Utah 2019, Chapter 290
29          63N-9-102, as last amended by Laws of Utah 2019, Chapter 506
30          63N-9-204, as last amended by Laws of Utah 2019, Chapter 290
31          63N-9-205, as last amended by Laws of Utah 2019, Chapter 290
32          63N-9-301, as enacted by Laws of Utah 2019, Chapter 290
33          63N-9-302, as enacted by Laws of Utah 2019, Chapter 290
34          63N-9-303, as enacted by Laws of Utah 2019, Chapter 290
35          63N-9-402, as enacted by Laws of Utah 2019, Chapter 506
36          63N-9-403, as enacted by Laws of Utah 2019, Chapter 506
37          63N-9-404, as enacted by Laws of Utah 2019, Chapter 506
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 59-28-103 is amended to read:
41          59-28-103. Imposition -- Rate -- Revenue distribution.
42          (1) Subject to the other provisions of this chapter, the state shall impose a tax on the
43     transactions described in Subsection 59-12-103(1)(i) at a rate of .32%.
44          (2) The tax imposed under this chapter is in addition to any other taxes imposed on the
45     transactions described in Subsection 59-12-103(1)(i).
46          (3) (a) (i) Subject to Subsection (3)(a)(ii), the commission shall deposit 6% of the
47     revenue the state collects from the tax under this chapter into the Hospitality and Tourism
48     Management Education Account created in Section 53F-9-501 to fund the Hospitality and
49     Tourism Management Career and Technical Education Pilot Program created in Section
50     53E-3-515.
51          (ii) The commission may not deposit more than $300,000 into the Hospitality and
52     Tourism Management Education Account under Subsection (3)(a)(i) in a fiscal year.
53          (b) Except for the amount deposited into the Hospitality and Tourism Management
54     Education Account under Subsection (3)(a) and the administrative charge retained under
55     Subsection 59-28-104(4), the commission shall deposit any revenue the state collects from the
56     tax under this chapter into the Outdoor Recreation Infrastructure Account created in Section
57     63N-9-205 to fund the Outdoor Recreational Infrastructure Grant Program created in Section
58     63N-9-202 [and], the Recreation Restoration Infrastructure Grant Program created in Section
59     63N-9-302, and the Utah Children's Outdoor Recreation and Education Grant Program created
60     in Section 63N-9-402.
61          Section 2. Section 63N-9-102 is amended to read:
62          63N-9-102. Definitions.
63          As used in this chapter:
64          (1) "Accessible to the general public," in relation to the awarding of an infrastructure
65     grant, means:
66          (a) the public may use the infrastructure in accordance with federal and state
67     regulations; and
68          (b) no community or group retains exclusive rights to access the infrastructure.
69          (2) "Advisory board" means the Utah Outdoor Recreation Grant Advisory Board
70     created in Section 63N-9-204.
71          [(2)] (3) "Children," in relation to the awarding of a UCORE grant, means individuals
72     who are six years of age or older, and 18 years of age or younger.
73          [(3)] (4) "Director" means the director of the outdoor recreation office.
74          [(4)] (5) "Executive director" means the executive director of GOED.
75          [(5)] (6) "Infrastructure grant" means an outdoor recreational infrastructure grant
76     described in Section 63N-9-202.
77          [(6)] (7) "Outdoor recreation office" means the Utah Office of Outdoor Recreation
78     created in Section 63N-9-104.
79          [(7)] (8) (a) "Recreational infrastructure project" means an undertaking to build or
80     improve the approved facilities and installations needed for the public to access and enjoy the
81     state's outdoors.
82          (b) "Recreational infrastructure project" may include the:
83          (i) establishment, construction, or renovation of a trail, trail infrastructure, or trail
84     facilities;
85          (ii) construction of a project for water-related outdoor recreational activities;
86          (iii) development of a project for wildlife watching opportunities, including bird
87     watching;
88          (iv) development of a project that provides winter recreation amenities;
89          (v) construction or improvement of a community park that has amenities for outdoor
90     recreation; and
91          (vi) construction or improvement of a naturalistic and accessible playground.
92          [(8)] (9) "UCORE grant" means a children's outdoor recreation and education grant
93     described in Section 63N-9-402.
94          [(9)] (10) (a) "Underserved or underprivileged community" means a group of people,
95     including a municipality, county, or American Indian tribe, that is economically disadvantaged.
96          (b) "Underserved or underprivileged community" includes an economically
97     disadvantaged community where:
98          (i) in relation to awarding an infrastructure grant, the people of the community have
99     limited access to or have demonstrated a low level of use of recreational infrastructure; and
100          (ii) in relation to awarding a UCORE grant, the children of the community, including
101     children with disabilities, have limited access to outdoor recreation or education programs.
102          Section 3. Section 63N-9-204 is amended to read:
103          63N-9-204. Utah Outdoor Recreation Grant Advisory Board -- Membership --
104     Duties -- Expenses.
105          [(1) As used in this section, "advisory committee" means the Utah Outdoor Recreation
106     Grant Advisory Committee created in Subsection (2).]
107          [(2)] (1) There is created in the outdoor recreation office the Utah Outdoor Recreation
108     Grant Advisory [Committee] Board, composed of the following 14 members:
109          (a) five members representing state or federal government as follows:
110          (i) the director;
111          (ii) the director of the Division of Parks and Recreation created in Section 79-4-201 or
112     the director's designee;
113          (iii) one member who is an employee of the outdoor recreation office engaged in the
114     duties described in Section 63N-7-201, appointed by the executive director;
115          (iv) one member representing [the Bureau of Land Management] a federal land
116     management agency, appointed by the executive director; and
117          (v) one member representing the National Park Service Rivers, Trails, and
118     Conservation Assistance Program, appointed by the executive director;
119          (b) nine members representing local government, the private sector, or the public that
120     are knowledgeable about outdoor recreation activities or tourism-based economic development,
121     appointed by the executive director as follows:
122          (i) one member representing municipal government, recommended by the Utah League
123     of Cities and Towns;
124          (ii) one member representing county government, recommended by the Utah
125     Association of Counties;
126          (iii) two members representing the outdoor industry;
127          (iv) one member representing the Utah Tourism Industry Association;
128          (v) one member representing the [Utah Hotel and Lodging Association] lodging
129     industry in the state;
130          (vi) one member representing the health care industry;
131          (vii) one member representing multi-ability groups or programs; and
132          (viii) one member representing a university outdoor recreation, parks, or tourism
133     department; and
134          (c) one of the members appointed under Subsection [(2)] (1)(b)(i) or (ii) shall represent
135     rural interests.
136          [(3)] (2) The advisory [committee] board shall advise and make recommendations to
137     the outdoor recreation office regarding [infrastructure grants and grants issued under Part 3,
138     Restoration Recreation Infrastructure Grant Program] grants issued under this chapter.
139          [(4)] (3) (a) Except as required by Subsection [(4)] (3)(b), as terms of appointed
140     advisory [committee] board members expire, the executive director shall appoint each new
141     member or reappointed member to a four-year term.
142          (b) Notwithstanding the requirements of Subsection [(4)] (3)(a), the executive director
143     shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
144     terms of appointed [advisory] board committee members are staggered so that approximately
145     half of the appointed advisory [committee] board members are appointed every two years.
146          [(5)] (4) The director shall serve as chair of the advisory [committee] board.
147          [(6)] (5) The advisory [committee] board shall elect annually a vice chair from the
148     advisory [committee's] board's members.
149          [(7)] (6) When a vacancy occurs in the membership for any reason, the executive
150     director shall appoint the replacement for the unexpired term.
151          [(8)] (7) A majority of the advisory [committee] board constitutes a quorum for the
152     purpose of conducting advisory [committee] board business and the action of a majority of a
153     quorum constitutes the action of the advisory [committee] board.
154          [(9)] (8) The outdoor recreation office shall provide administrative staff support for the
155     advisory [committee] board.
156          [(10)] (9) A member may not receive compensation or benefits for the member's
157     service, but a member appointed under Subsection [(2)] (1)(b) may receive per diem and travel
158     expenses in accordance with:
159          (a) Section 63A-3-106;
160          (b) Section 63A-3-107; and
161          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
162     63A-3-107.
163          [(11)] (10) The advisory [committee] board, as a governmental entity, has all the rights,
164     privileges, and immunities of a governmental entity of the state and the advisory [committee]
165     board meetings are subject to Title 52, Chapter 4, Open and Public Meetings Act.
166          Section 4. Section 63N-9-205 is amended to read:
167          63N-9-205. Utah Outdoor Recreation Infrastructure Account -- Uses -- Costs.
168          (1) There is created an expendable special revenue fund known as the "Outdoor
169     Recreation Infrastructure Account," which the outdoor recreation office shall use to fund the
170     Outdoor Recreational Infrastructure Grant Program created in Section 63N-9-202 [and], the
171     Recreation Restoration Infrastructure Grant Program created in Section 63N-9-302, and the
172     Utah Children's Outdoor Recreation and Education Grant Program created in Section
173     63N-9-402.
174          (2) The account consists of:
175          (a) distributions to the account under Section 59-28-103;
176          (b) interest earned on the account;
177          (c) appropriations made by the Legislature;
178          (d) money from a cooperative agreement entered into with the United States
179     Department of Agriculture or the United States Department of the Interior; and
180          (e) private donations, grants, gifts, bequests, or money made available from any other
181     source to implement this part.
182          (3) The outdoor recreation office shall, with the advice of the Utah Outdoor Recreation
183     Grant Advisory [Committee] Board created in Section 63N-9-204, administer the account.
184          (4) The cost of administering the account shall be paid from money in the account.
185          (5) Interest accrued from investment of money in the account shall remain in the
186     account.
187          Section 5. Section 63N-9-301 is amended to read:
188          63N-9-301. Definitions.
189          As used in this part:
190          [(1) "Advisory committee" means the Utah Outdoor Recreation Grant Advisory
191     Committee created in Section 63N-9-204.]
192          [(2)] (1) "Grant program" means the Recreation Restoration Infrastructure Grant
193     Program created in Section 63N-9-302.
194          [(3)] (2) "High demand outdoor recreation amenity" means infrastructure necessary for
195     a campground, picnic area, or water recreation structure such as a dock, pier, or boat ramp that
196     receives or has received heavy use by the public.
197          [(4)] (3) "High priority trail" means a motorized or nonmotorized recreation
198     summer-use trail and related infrastructure that is prioritized by the advisory [committee] board
199     for restoration or rehabilitation to maintain usability and sustainability of trails that receive or
200     have received high use by the public.
201          [(5)] (4) "Public lands" includes local, state, and federal lands.
202          [(6)] (5) "Rehabilitation or restoration" means returning an outdoor recreation structure
203     or trail that has been degraded, damaged, or destroyed to its previously useful state by means of
204     repair, modification, or alteration.
205          Section 6. Section 63N-9-302 is amended to read:
206          63N-9-302. Creation of grant program.
207          (1) (a) There is created a supplemental grant program within the Outdoor Recreational
208     Infrastructure Grant Program, created in Section 63N-9-202, known as the "Recreation
209     Restoration Infrastructure Grant Program" administered by the outdoor recreation office.
210          (b) Subject to Subsection (1)(c), 5% [percent] of the unencumbered amount in the Utah
211     Outdoor Recreation Account, created in Section 63N-9-205, at the beginning of each fiscal year
212     may be used for the grant program.
213          (c) The percentage outlined in Subsection (1)(b) may be increased or decreased at the
214     beginning of a fiscal year if approved by the executive director after consultation with the
215     director and the advisory [committee] board.
216          (2) The outdoor recreation office may seek to accomplish the following objectives in
217     administering the grant program:
218          (a) rehabilitate or restore high priority trails for both motorized and nonmotorized uses;
219          (b) rehabilitate or restore high demand recreation areas on public lands; and
220          (c) encourage the public land entities to engage with volunteer groups to aid with
221     portions of needed trail work.
222          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
223     outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
224     an entity to receive a recreation restoration infrastructure grant, including:
225          (a) the form and process of submitting annual project proposals to the outdoor
226     recreation office for a recreation restoration infrastructure grant;
227          (b) which entities are eligible to apply for a recreation restoration infrastructure grant;
228          (c) specific categories of recreation restoration projects that are eligible for a recreation
229     restoration infrastructure grant;
230          (d) the method and formula for determining recreation restoration infrastructure grant
231     amounts; and
232          (e) the reporting requirements of a recipient of a recreation restoration infrastructure
233     grant.
234          Section 7. Section 63N-9-303 is amended to read:
235          63N-9-303. Award of recreation restoration infrastructure grants.
236          (1) In determining the award of a recreation restoration infrastructure grant, the
237     advisory [committee] board shall prioritize projects that the advisory [committee] board
238     considers to be high demand outdoor recreation amenities or high priority trails.
239          (2) The outdoor recreation office may give special consideration to projects from
240     qualified applicants within rural counties to ensure geographic parity of the awarded money.
241          (3) (a) An applicant shall use a recreation restoration infrastructure grant to leverage
242     private and other nonstate public money and the outdoor recreation office may give priority to
243     projects that exceed a 50% match from the applicant.
244          (b) Leverage includes cash, resources, goods, or services necessary to complete a
245     project.
246          (c) The outdoor recreation office shall apply money from a cooperative agreement
247     entered into with the United States Department of Agriculture or the United States Department
248     of the Interior as a portion of the applicant's match.
249          (4) A recreation restoration infrastructure grant may only be awarded by the executive
250     director after consultation with the director and the advisory [committee] board.
251          (5) A recreation restoration infrastructure grant is available for rehabilitation or
252     restoration projects for high demand outdoor recreation amenities and high priority trails that
253     relate directly to the visitor including:
254          (a) a trail, trail head infrastructure, signage, and crossing infrastructure, for both
255     nonmotorized and motorized recreation;
256          (b) a campground or picnic area;
257          (c) water recreation infrastructure, including a pier, dock, or boat ramp; and
258          (d) recreation facilities that are accessible to visitors with disabilities.
259          (6) The following are not eligible for a recreation restoration infrastructure grant:
260          (a) general facility operations and administrative costs;
261          (b) land acquisitions;
262          (c) visitor facilities, as defined by the outdoor recreation office by rule made in
263     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
264          (d) water and utility systems; and
265          (e) employee housing.
266          (7) The outdoor recreation office shall compile data and report to the Business,
267     Economic Development, and Labor Appropriations Subcommittee on the:
268          (a) effectiveness of the grant program in addressing the deferred maintenance and
269     repair backlog of trails, campgrounds, and other recreation amenities on public lands;
270          (b) estimated value of the rehabilitation or restoration projects;
271          (c) number of miles of trails that are rehabilitated or restored; and
272          (d) leverage of state money to federal and private money and in-kind services such as
273     volunteer labor.
274          Section 8. Section 63N-9-402 is amended to read:
275          63N-9-402. Creation and purpose of the UCORE grant program.
276          (1) (a) There is created a supplemental grant program within the Outdoor Recreation
277     Infrastructure Grant Program, created in Section 63N-9-202, known as the Utah Children's
278     Outdoor Recreation and Education Grant Program administered by the outdoor recreation
279     office.
280          (b) Subject to Subsection (1)(c), 4% of the unencumbered amount in the Utah Outdoor
281     Recreation Account, created in Section 63N-9-205, at the beginning of each fiscal year may be
282     used for the UCORE grant program.
283          (c) The percentage outlined in Subsection (1)(b) may be increased or decreased at the
284     beginning of a fiscal year if approved by the executive director after consultation with the
285     director and advisory board.
286          (2) The outdoor recreation office may seek to accomplish the following objectives in
287     administering the UCORE grant program:
288          (a) promote the health and social benefits of outdoor recreation to the state's children;
289          (b) encourage children to develop the skills and confidence to be physically active for
290     life;
291          (c) provide outdoor recreational opportunities to underserved or underprivileged
292     communities in the state; and
293          (d) encourage hands-on outdoor or nature-based learning and play to prepare children
294     for achievement in science, technology, engineering, and math.
295          Section 9. Section 63N-9-403 is amended to read:
296          63N-9-403. Rulemaking and requirements for awarding a UCORE grant.
297          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
298     outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
299     an entity to receive a UCORE grant, including:
300          (a) the form and process of submitting an application to the outdoor recreation office
301     for a UCORE grant;
302          (b) which entities are eligible to apply for a UCORE grant;
303          (c) specific categories of children's programs that are eligible for a UCORE grant;
304          (d) the method and formula for determining grant amounts; and
305          (e) the reporting requirements of grant recipients.
306          (2) In determining the award of a UCORE grant, the outdoor recreation office may
307     prioritize a children's program that will serve an underprivileged or underserved community in
308     the state.
309          (3) A UCORE grant may only be awarded by the executive director after consultation
310     with the director and the advisory board.
311          (4) The following entities may not receive a UCORE grant under this part:
312          (a) a federal government entity;
313          (b) a state agency, except for public schools and institutions of higher education; and
314          (c) a for-profit entity.
315          (5) In awarding UCORE grants, consideration shall be given to entities that implement
316     programs that:
317          (a) contribute to healthy and active lifestyles through outdoor recreation; and
318          (b) include one or more of the following attributes in their programs or initiatives:
319          (i) serve children with the greatest needs in rural, suburban, and urban areas of the
320     state;
321          (ii) provide students with opportunities to directly experience nature;
322          (iii) maximize the number of children who can participate;
323          (iv) commit matching and in-kind resources;
324          (v) create partnerships with public and private entities;
325          (vi) include ongoing program evaluation and assessment;
326          (vii) utilize veterans in program implementation;
327          (viii) include outdoor or nature-based programming that incorporates concept learning
328     in science, technology, engineering, or math; or
329          (ix) utilize educated volunteers in program implementation.
330          Section 10. Section 63N-9-404 is amended to read:
331          63N-9-404. Utah Children's Outdoor Recreation and Education Fund -- Uses --
332     Costs.
333          (1) There is created an expendable special revenue fund known as the "Utah Children's
334     Outdoor Recreation and Education Fund," which the office shall use to fund the Utah
335     Children's Outdoor Recreation and Education Grant Program created in Section 63N-9-402.
336          (2) The fund consists of:
337          (a) appropriations made by the Legislature;
338          (b) interest earned on the account; and
339          (c) private donations, grants, gifts, bequests, or money made available from any other
340     source to implement this part.
341          (3) The office shall, with the advice of the [Utah Outdoor Recreation Grant Advisory
342     Committee created in Section 63N-9-204] advisory board, administer the account.
343          (4) The cost of administering the account shall be paid from money in the account.
344          (5) Interest accrued from investment of money in the account shall remain in the
345     account.
346          Section 11. Effective date.
347          If approved by two-thirds of all the members elected to each house, this bill takes effect
348     upon approval by the governor, or the day following the constitutional time limit of Utah
349     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
350     the date of veto override.